State ex rel. Van Harlingen v. Board of Education of the Mad River Township Rural School District

Citations

• 104 Ohio St. (N.S.) 360

Syllabus

<p>Mandamus — Writ, will issue, when — Schools—Bonds authorized for building — Section 1625, General Code — Discretion of . board of education — Determination of site and buildings,</p> <p>1. Mandamus is a writ commanding a public board or official to perform an act which the law specially enjoins as a duty resulting from an office, trust or station, and will issue only when it is clearly shown that there is a plain dereliction of such duty!</p> <p>2. Boards of • education are by the provisions of Section 7625, General Code, vested with authority to determine the needs of school districts for the proper accommodation of the schools, and the approval by the electors at an election called for that purpose of a bond issue to raise funds for the erection of a schoolhouse does not withdraw from the board the discretion and authority conferred upon ’ it by law, nor require the board to proceed with the erection of a particular school building.</p>